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GAF CORP. v. UNION CARBIDE CORP.

No. 85 Civ. 9588 (MP).

624 F.Supp. 1016 (1985)

GAF CORPORATION, Plymouth Investments, Inc., GAF Chemicals Corporation, Jay & Company, Inc. and Mayfair Investments, Inc., Plaintiffs, v. UNION CARBIDE CORPORATION, Warren M. Anderson, John J. Creedon, Roberto De Jesus Toro, James L. Ferguson, Alec Flamm, Harry J. Gray, James M. Hester, Jack B. Jackson, Horace C. Jones, Ronald L. Kuehn, Jr., C. Peter McColough, William S. Sneath, Russell E. Train and Kathryn D. Wriston, Defendants.

United States District Court, S.D. New York.

December 30, 1985.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison, by Arthur L. Liman, Max Gitter, Andrew J. Peck, Philip Bentley, New York City, for plaintiffs.

Sullivan & Cromwell by John L. Warden, Gandolfo V. DiBlasi, William L. Farris, New York City, for defendants.

MILTON POLLACK, Senior District Judge.

This is a motion by the plaintiff under Rule 65, Federal Rules of Civil Procedure, for provisional relief in advance of a full-scale trial on the merits. Much is argued here by plaintiff which would be more appropriate for discussion following a full-scale submission of all the relevant facts and circumstances. Much of that sort of argument is just that—it is grounded largely on hypotheses, speculations, and elusive concepts...

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